Quote:
Originally posted by Mmmm, Burger (C.J.)
As a matter of the constitution, no. As a matter of state law, I think to grant them such is bad policy.
Query to which I have no idea of the answer. Most states bar corporate campaign contributions. So, CEOs often personally give large amounts of money. Presumably this money is given to them by the corporation for political gifts. Why is that not also illegal?
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From personal experience, I am pretty certain that it generally is illegal to reimburse an officer for political contributions. There are also some people, such as bank directors, who may not be permitted to give at all. I am not sure why the latter point is not a first amendment violation, though I am told it is the law.
The idea of giving or using money in a given way constituting free speech really is an interesting one. Free speech clearly includes more than just speaking. It includes singing, writing, and, I would contend, other visible or aural expressions. If, however, I can say, speak away, but don't buy television time to do it, am I not limiting free speech? If I can limit what someone does with their money am I not telling them they can speak all they want - but just to their immediate neighbors? What do people think?
Of course, the federalists who drafted the constitution also drafted the Alien & Sedition Acts, so they would happily let government shut down a corporation or a private individual, particularly one who spoke against the government. I don't think I want to even try to figure out original intent jurisprudence on this one.
And, of course, I may just be melding the right to free speech and the right to privacy in my mind. It is difficult sometimes to keep them apart.
